Bombay HC: Touching cheeks of child without Sexual Intent not Offence


Alka Verma –

Published on August 30, 2021, at 13:25 IST

Bombay High Court granted bail to a 46- year old man, stating, touching cheeks of a child without sexual intent would not attract the offence of Sexual Assault.

A Single Bench of Justice Sandeep Shinde recently granted Bail to Mohammad Ahmed Ulla.

“In my view, touching the cheeks without a sexual intent would not attract the offence of ‘sexual assault’, as defined under Section 7 of the Protection of Children from Sexual Offences Act,” said the Court.

Further, the Court added, “Primary evaluation of the material on record does not suggest that the applicant allegedly touched the cheeks of the victim with a sexual intent”.

Further the Judge clarified that the observation made by him is just for this situation, and shall not influence the trials in others matters.

Ulla, who was arrested by the Rabodi Police in the neighboring Thane district, on July 2020, was booked under various sections of the Indian Penal Code and the Protection of Children from Sexual Offences Act (POSCO).

According to the prosecution, Ulla allegedly called the girl inside his meat shop, touched her cheeks, opened his shirt and was about to open his pants when a woman went to the spot after finding the situation doubtful.

On the other hand, Ulla pleaded that he was innocent, had no criminal antecedents and was living in that area from a long time.

Also Read: POCSO Court orders Legal Action against Hostile Victim in Rape Cases

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